The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...) of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac... (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

:Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as the sole human rights duty-bearers merely (...) by referring to that practice, others criticize the “state-centric” approach to human rights duty-bearers and expand the scope of the latter to include any international institution beyond the state and even private actors. Curiously, however, even those more expansive accounts of human rights duty-bearers are usually very evasive about why it should be so and especially how it should work. The time has come to broach anew the issue of the bearers of human rights duties, and responsibilities of international institutions in human rights theory, addressing two challenges: focusing on relational and directed human rights duties specifically and not on duties of global justice in general, thereby distinguishing between human rights duty-bearers and other bearers of responsibilities for human rights, on the one hand, and accounting for and justifying the point of international human rights law and practice in this respect, thereby also securing internal arguments for reform, on the other. The essay’s argument is four-pronged. It starts with a few reminders about the relational nature of human rights and the relationship between human rights and duties and what this means for the specification of human rights duties. It then focuses more specifically on the identification of human rights duty-bearers, i.e., states and international institutions of jurisdiction like the European Union, and the allocation of human rights duties to them. The third section of the article is devoted to the concurrent moral responsibilities for human rights that are incurred by other various responsibility-bearers outside institutions of jurisdiction. In the final section, the essay considers the revolution potential of the EU’s fast-developing human rights’ duties, and discusses the normative implications of the development of universal international institutions’ human rights duties stricto sensu for international law and politics more generally. (shrink)

International law’s legitimacy has come under serious attack lately, including, and maybe even more so, in regimes considered democratic. Reading Dworkin’s New Philosophy for International Law in the current context is a timely reminder of the centrality of the political legitimacy of international law. Interestingly, indeed, his account does not succumb to the (however progressive) cosmopolitan ideal of an international political community. Nor is it reducible to a concern for domestic justice in which political legitimacy is only self-regarding. By revisiting (...) seventeenth century international legal theories, Dworkin sends both cosmopolitans and statists back-to-back. He (re-)discovers a third way in which to conceive of statehood today: not on its own, but in a mirror-image fashion and against the background of the international institutional order without which there would be no equal sovereign States, but no individual equality either. Carrying Dworkin’s argument forward, this article identifies and discusses three of its crucial contributions with respect to the objects, subjects and institutions of international legitimacy that deserve further attention. It concludes with different proposals regarding the design and organization of other international institutions than States, both public and private, by reference to their relationship to States (and their people). According to Dworkin, this should enable us to improve not only the legitimacy of the international institutional order as whole, but also the political legitimacy of each State therein since both are mutually related. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond the state. The article does so in three (...) steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr.

This article examines whether legal compromise on matters of justice amounts to a desirable response to the problem raised by reasonable pluralism in politics. Attitudes toward compromise are ambiguous: it is generally seen as much as a valuable technique for settling conflicts by mutual accommodation as a prejudicial concession of one's integrity. The article aims to resolve this paradox by distinguishing cases where compromises of principle cannot be tolerated from those in which they can be. By developing Ronald Dworkin's distinction (...) between internal and external compromises, the article shows that an internal compromise, that combines different conceptions of the same principle or of incommensurable and non‐distinct principles, constitutes at the most a second‐best alternative. Such a compromise fails to capture the core of our sense of law's intelligibility, justice, correct concept attribution and, finally, political integrity. By contrast, it is argued, external compromises of principle can be tolerated and may even be desirable in some cases. In fact, many conceptions of external compromise regard democracy as a paradigm of political compromise. This view is assessed at the end of the article and it is suggested that democratic procedures can be understood as compromises qua process: they select one of the conflicting views held during deliberation, rather than necessarily combining them into an externally compromised outcome. (shrink)

The chapter's concern is meta‐theoretical and pertains to the nature of human rights theory. Interestingly, most human rights theorists do not spend much time stating what their theory is a theory of, and hence what kind of theory it should be. The chapter argues in favour of taking the legal dimension of human rights more seriously and, more specifically, for a legal theory of human rights. Making human rights law the object of human rights theory has two advantages: one substantive (...) and the other methodological. First of all, it makes for a deeper understanding of the nature of human rights as a practice, and hence of many questions in human rights theory. A second benefit lies in the resources of legal theorizing, and in particular the latter's experience in explaining and evaluating normative practises. A related contribution of the proposed legal human rights theory is that it can bridge the gap that has grown within existing human rights theories between human rights practice and human rights standards, and so‐doing reconcile so‐called “political” and “ethical” human rights theories out of their sterile opposition. (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

Samantha Besson sees the relationship between moral and legal human rights as one of mutuality.: “legal rights recognize, modify or even create moral rights“, and vice versa. She thus appears to ascribe agency to legal rights, or “the law“, and to moral rights, or morality. This ascription can only be understood as metaphorical: abstract concepts have no agency. Replacing the abstract concepts by human beings, “the law“ and morality must be understood as the respective norm-givers. This reveals what (...) is hidden by the metaphorical account: the supposed mutuality is no automatism but depends on the autonomous decision of human beings who are likely to be influenced by extant legal or moral norms, respectively, and/or by the values represented in those norms. The supposed mutuality should thus be seen rather as the result of the sociological influence exercised by extant norms, or the values they represent, on human norm-givers. (shrink)

This paper concerns connection between knowing or accepting a logical principle such as Modus Ponens and actions of reasoning involving it. Discussions of this connection typically mention the so-called ‘Lewis Carroll Regress’ and there is near consensus that the regress shows something important about it. Also, although the regress explicitly concerns logic, many philosophers think that it establishes a more general truth, about the structurally similar connection between epistemic or practical principles and actions involving them. This paper’s first aim is (...) to address key interpretations Carroll’s regress as clearly as possible so as to show precisely how it might be relevant to questions concerning the connection between logical knowledge and reasoning, and, more broadly, to discussions of how epistemic or practical principles may be action-guiding. Its second aim is to show that the regress fails to establish anything of substance about the connection between logical knowledge and reasoning, or any other structurally similar relation, unless substantive, contentious and typically undefended assumptions are made. The consensus is thus on shaky ground. (shrink)

I address a type of circularity threat that arises for the view that we employ general basic logical principles in deductive reasoning. This type of threat has been used to argue that whatever knowing such principles is, it cannot be a fully cognitive or propositional state, otherwise deductive reasoning would not be possible. I look at two versions of the circularity threat and answer them in a way that both challenges the view that we need to apply general logical principles (...) in deductive reasoning and defuses the threat to a cognitivist account of knowing basic logical principles. (shrink)

Can drinking coffee help people live longer? What makes a stock's price go up? Why did you get the flu? Causal questions like these arise on a regular basis, but most people likely have not thought deeply about how to answer them. This book helps you think about causality in a structured way: What is a cause, what are causes good for, and what is compelling evidence of causality? Author Samantha Kleinberg shows you how to develop a set of (...) tools for thinking more critically about causes. You'll learn how to question claims, identify causes, make decisions based on causal information, and verify causes through further tests. Whether it's figuring out what data you need, or understanding that the way you collect and prepare data affects the conclusions you can draw from it, Why will help you sharpen your causal inference skills. (shrink)

This volume brings together for the first time the diverse threads within the growing field of serendipity research, to reflect both on the origins of this emerging field within different disciplines as well as its increasing influence as its own field with foundational texts and emerging practices. The phenomenon of serendipity has been described in many ways since Horace Walpole initially coined the term in 1754 to categorize those discoveries that happen by “both accidents and sagacity”. This book offers a (...) sampling of perspectives from experts in serendipity research from organizational studies, management theory, information science and library studies, psychology, literature, computer science, social science, ethics, and the history and philosophy of science. Considerations about the importance and role of serendipity are being raised now across science (both empirical and theoretical) as well as practice (from art and innovation to leadership and governance), with ever more eyes looking closer at its significance in human history and the likelihood it will play a key, while unpredictable, role in forming our future. Serendipity Science represents an emerging, and also important and potentially necessary field of study, if we are to deal well as a society with our complex times and uncertain future. (shrink)

Explores the critical role time plays in our understanding of causality, across psychology, biology, physics and the social sciences.

This book explores the philosophical thought and praxis of Paul B. Thompson, who planted some of the first seeds of philosophy of agriculture and whose work inspires interdisciplinary scholarship in food ethics, biotechnology, and environmental philosophy. Landmark texts such as The Spirit of the Soil, The Agrarian Vision, and From Field to Fork revealed the fertility of food systems for inspiring reflection on our relationships to technology, the land, and one another. Rooted in philosophical traditions ranging from pragmatism to post-phenomenology, (...) Thompson’s work nourishes projects in ethics, epistemology, philosophy of science, and social and political theory, not only in academic philosophy departments but also in the social and natural sciences. This volume collects this diversity of thought in a tour of the many fields of food systems; from theorizing the sustainability of agroecological systems, to appreciating the quotidian practice of agrarian communities, to anticipating the impacts of emerging biotechnology, and to savoring the roles that food plays in forming our identities. Composed by an international crop of scholars working on the future of food ethics, the volume is a vital contribution to scholars and practitioners thinking through our relationships to the food systems that sustain us. (shrink)

That there is a “crisis of peer review” at the moment is not in dispute, but sufficient attention has not yet been paid to the normative potential that lies in current calls for reform. In contrast to approaches to “fixing” the problems in peer review, which tend to maintain the status quo in terms of professionalising opportunities, this paper addresses the needs of philosophers and how peer‐review reform can be an opportunity to improve the academic discipline of philosophy, whereby progress (...) is understood as making the discipline more fair to the global academic community and more conducive to the flourishing of academic philosophers. The paper evaluates recent categories of relevant norms and correlating reforms. In conclusion, it recommends that philosophy pursue the norms of transparency and democracy explicitly when proposing peer‐review reform and suggest that proposals for forum‐based models of peer review are most likely to support those norms. (shrink)

In _Biocultural Creatures_, Samantha Frost brings feminist and political theory together with findings in the life sciences to recuperate the category of the human for politics. Challenging the idea of human exceptionalism as well as other theories of subjectivity that rest on a distinction between biology and culture, Frost proposes that humans are biocultural creatures who quite literally are cultured within the material, social, and symbolic worlds they inhabit. Through discussions about carbon, the functions of cell membranes, the activity (...) of genes and proteins, the work of oxygen, and the passage of time, Frost recasts questions about the nature of matter, identity, and embodiment. In doing so, she elucidates the imbrication of the biological and cultural within the corporeal self. In remapping the relation of humans to their habitats and arriving at the idea that humans are biocultural creatures, Frost provides new theoretical resources for responding to political and environmental crises and for thinking about how to transform the ways we live. (shrink)

This article surveys recent feminist contributions to moral philosophy with an emphasis on those works which engage with debates within mainstream ethics. The article begins by examining a tension said to arise from the two criteria a theory must meet if it is to count as feminist moral theory: the women's experience requirement and the feminist conclusion requirement. Subsequent sections deal with feminist relational theories of rights, feminist work on responsibility and feminist contractarian approaches to ethics. A final section looks (...) at the application of some feminist moral theories to the problem of abortion. (shrink)

Deleuze's concept of 'becoming' provides the key to his notoriously complex metaphysics, yet it has not been systematized until now. Bankston tracks the concept of becoming and its underlying temporal processes across Deleuze's writings, arguing that expressions of becoming(s) appear in two modes of temporality: an appropriation of Nietzsche's eternal return (the becoming of the event), and Bergsonian duration (the becoming of sensation). Overturning the criticisms launched by Žižek and Badiou, with conceptual encounters between Bergson, Nietzsche, Leibniz, Borges, Klossowski, and (...) Proust, the newly charted concept of double becoming provides a roadmap to the totality of Deleuze's philosophy. Bankston systematizes Deleuze's multi-mirrored universe where form and content infinitely refract in a vital kaleidoscope of becoming" -- Amazon.com. (shrink)

In Miniland USA, the nation itself takes on many of the characteristics of the fan developed theme (FDT): vignettes of LEGO bricks, thematically unified as "American", based on representations of locations throughout the United States. Frequently referred to as the "heart" of the LEGOLAND theme parks, Miniland is a section made up of scaled‐down versions of national landmarks and icons, artfully arranged around winding paths. Contemporary domestic tourism envisions the United States as several distinct geographic zones, differentiated by metropolitan centers (...) and regional characteristics (primarily climate, food, and dialect). Tourist guides and maps reinforce this configuration, highlighting roughly the same delineation of regions: The Northeast,Mid‐Atlantic, Southeast, Southwest, Midwest, and Pacific Northwest. Echoing this conception of the national itinerary, LEGOLAND California's Miniland USA contains miniature versions of six different American locations: New York City, Washington DC, "New England", New Orleans, Las Vegas, and California. (shrink)

Analyse : Concerne en grande partie la vie et l'oeuvre du pédagogue à Yverdon.

The skill of calling animals to fight brings up unique ethical questions. Mages usually interact with animals in two ways: First, the author can summon animals by using animal‐summoning or monster‐summoning spells. Second, a mage can summon animals to be familiar. A familiar was once a normal animal that has been transformed into magical beast with unique powers and abilities. Bats, cats, hawks, and rats are examples of common familiar companions. The rights ethicist Tom Regan argues that animals have particular (...) rights because they are subjects of a life, meaning that they seek to satisfy specific preferences and interests. As Lord Acton wrote, “Power tends to corrupt, and absolute power corrupts absolutely.” It appears that this also holds in Dungeons Dragons (DD). Thus, when playing a character who can summon nonhuman animals, it may be wise to take the ethics into account when deciding what actions are best. (shrink)

​​This book explores the philosophical thought and praxis of Paul B. Thompson, who planted some of the first seeds of philosophy of agriculture and whose work inspires interdisciplinary scholarship in food ethics, biotechnology, and environmental philosophy. Landmark texts such as The Spirit of the Soil, The Agrarian Vision, and From Field to Fork revealed the fertility of food systems for inspiring reflection on our relationships to technology, the land, and one another. Rooted in philosophical traditions ranging from pragmatism to post-phenomenology, (...) Thompson’s work nourishes projects in ethics, epistemology, philosophy of science, and social and political theory, not only in academic philosophy departments but also in the social and natural sciences. This volume collects this diversity of thought in a tour of the many fields of food systems; from theorizing the sustainability of agroecological systems, to appreciating the quotidian practice of agrarian communities, to anticipating the impacts of emerging biotechnology, and to savoring the roles that food plays in forming our identities. Composed by an international crop of scholars working on the future of food ethics, the volume is a vital contribution to scholars and practitioners thinking through our relationships to the food systems that sustain us. (shrink)

This paper is a response to recent student protests at South African universities, and the essentialising rhetoric and practices that characterise South African public debates. I explore the likely responses of white South Africans to views that seem to make their whiteness inescapable and necessarily morally bad.

This book presents a novel account of the aesthetics of animals. The author argues that the appreciation of animal beauty carries profound ethical consequences for our relations to our fellow creatures.

Background The review of human participant research by Research Ethics Committees or Institutional Review Boards is a complex multi-faceted process that cannot be reduced to an algorithm. However, this does not give RECs/ IRBs permission to be inconsistent in their specific requirements to researchers or in their final opinions. In England the Health Research Authority coordinates 67 committees, and has adopted a consistency improvement plan including a process called “Shared Ethical Debate” where multiple committees review the same project. Committee reviews (...) are compared for consistency by analysing the resulting minutes. Methods We present a description of the ShED process. We report an analysis of minutes created by research ethics committees participating in two ShED exercises, and compare them to minutes produced in a published “mystery shopper” exercise. We propose a consistency score by defining top themes for each exercise, and calculating the ratio between top themes and total themes identified by each committee for each ShED exercise. Results Our analysis highlights qualitative differences between the ShED 19, ShED 20 and “mystery shopper” exercises. The quantitative measure of consistency showed only one committee across the three exercises with more than half its total themes as top themes. The average consistency scores for the three exercises were 0.23, 0.35 and 0.32. There is a statistically significant difference between the ShED 19 exercise, and the ShED 20 and mystery shopper exercises. Conclusions ShED exercises are effective in identifying inconsistency between ethics committees and we describe a scoring method that could be used to quantify this. However, whilst a level of inconsistency is probably inevitable in research ethics committee reviews, studies must move beyond the ShED methodology to understand why inconsistency occurs, and what an acceptable level of inconsistency might be. (shrink)

The review of human participant research by Research Ethics Committees or Institutional Review Boards is a complex multi-faceted process that cannot be reduced to an algorithm. However, this does not give RECs/ IRBs permission to be inconsistent in their specific requirements to researchers or in their final opinions. In England the Health Research Authority coordinates 67 committees, and has adopted a consistency improvement plan including a process called “Shared Ethical Debate” where multiple committees review the same project. Committee reviews are (...) compared for consistency by analysing the resulting minutes. We present a description of the ShED process. We report an analysis of minutes created by research ethics committees participating in two ShED exercises, and compare them to minutes produced in a published “mystery shopper” exercise. We propose a consistency score by defining top themes for each exercise, and calculating the ratio between top themes and total themes identified by each committee for each ShED exercise. Our analysis highlights qualitative differences between the ShED 19, ShED 20 and “mystery shopper” exercises. The quantitative measure of consistency showed only one committee across the three exercises with more than half its total themes as top themes. The average consistency scores for the three exercises were 0.23, 0.35 and 0.32. There is a statistically significant difference between the ShED 19 exercise, and the ShED 20 and mystery shopper exercises. ShED exercises are effective in identifying inconsistency between ethics committees and we describe a scoring method that could be used to quantify this. However, whilst a level of inconsistency is probably inevitable in research ethics committee reviews, studies must move beyond the ShED methodology to understand why inconsistency occurs, and what an acceptable level of inconsistency might be. (shrink)

Déjà vu and involuntary autobiographical memories (IAMs) are differentiated by a number of factors including metacognition. In contrast to IAMs, déjà vu activates regions associated with self-awareness including the right dorsolateral prefrontal cortex.

Thomas Hobbes is an iconic figure who serves as an easy reference for pundits commenting on the brutality of war as well as for critics of a distinctly modern individualism in which calculating and rapacious self-interest is the cause of the violence, destruction, and exploitation endemic to the contemporary world. Frost's reading of Hobbes's philosophy shows us that underlying such visions of self and politics is another iconic figure: that of the Cartesian subject. What gives the iconic Hobbes his hardcore (...) individualism and its corollary accounts of instrumentalism, conflict, and absolutism is a Cartesian rendering of the self as split into mind and body. Carefully elaborating Hobbes's materialist ontology, _Lessons from a Materialist Thinker_ challenges both our implicit Cartesian assumptions about the self and the commonplace Hobbes that so readily figures violence in our political imagination. Through his materialism, Hobbes presents an alternative modern account of self-consciousness, reason, agency, power, freedom, and responsibility. In doing so, he shows that our fundamental intersubjectivity and interdependence require that we pursue peace above all else. (shrink)

The concept of medical necessity is often used to explain or justify certain decisions—for example, which treatments should be allowed under certain conditions—as though it had an obvious, agreed-upon meaning as well as an inherent normative force. In introducing this special issue of Clinical Ethics on medical necessity, we argue that the term, as used in various discourses, generally lacks a definition that is clear, non-circular, conceptually plausible, and fit for purpose. We propose that future work on this concept should (...) address three main questions: what medical necessity is (i.e., what makes something medically necessary, as opposed to something else); what the concept does (what ‘work’ is it doing when invoked in different settings); and what should follow, normatively, from the fact that something is indeed medically necessary (on some plausible conception). (shrink)